Pacer:Handal dismisses Micron Technology counter claims & all of defenses
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e.Digital Corporation,
Plaintiff,
v.
Micron Technology, Inc.,
Defendant.
And Related Counterclaims.
Case No. 3:13-cv-2944-H-BGS
PLAINTIFF AND COUNTERDEFENDANT
E.DIGITAL
CORPORATION’S NOTICE OF
MOTION AND MOTION TO
DISMISS DEFENDANT AND
COUNTERCLAIMANT
MICRON TECHNOLOGY,
INC.'S COUNTERCLAIMS FOR
FAILURE TO STATE A CLAIM
AND, TO STRIKE MICRON’S
AFFIRMATIVE DEFENSES
DEMAND FOR JURY TRIAL
Date: August 4, 2014
Time: 10:30 a.m.
Ctrm: 15A (Annex)
Judge: Hon. Marilyn L. Huff
Assigned to the Honorable
Judge Marilyn L. Huff
Courtroom 15A (Annex)
Case 3:13-cv-02944-H-BGS Document 27 Filed 06/27/14 Page 1 of 3
NOTICE OF MOTION AND MOTION
CASE 2 NO. 3:13-CV-2944-H-BGS
PLEASE TAKE NOTICE THAT on August 4, 2014 at 10:30 a.m., or as
soon as the matter may be heard, before the Honorable Marilyn L. Huff at the
United States District Court for the Southern District of California, Courtroom 15A
(Annex), 333 West Broadway, San Diego, California, Plaintiff and Counter-
Defendant e.Digital Corporation will and hereby does, move to dismiss the
counterclaims and strike the affirmative defenses of Defendant and
Counterclaimant Micron Technology, Inc. (“Micron” or “Defendant”) contained in
the pleading entitled “
Micron Technology, Inc.’s Answer To First Amended
Complaint And Counterclaims.
”(Dkt. #26). e.Digital moves to strike all of
Micron’s affirmative defenses except for its Ninth Affirmative Defense.
The grounds for the motion are that Micron’s counterclaims fail to state a
claim on which relief may be granted, and so should be dismissed under Rule
12(b)(6) of the Federal Rules of Civil Procedure and/or all other applicable rules of
law. Further, Plaintiff moves to strike all of Micron’s affirmative defenses (other
than its Ninth Affirmative Defense) pursuant to Federal Rule of Civil Procedure
12(f) and/or all other applicable rules of law on the grounds that Micron’s
affirmative defenses are mere legal conclusions, contain no factual support, and/or
are otherwise insufficient under the Federal Rules of Civil Procedure and/or all
other applicable provisions of law.
This Motion is based upon the supporting Memorandum of Points and
Authorities, the supporting exhibits and/or documents attached thereto including
but not limited to any request for judicial notice filed herewith, all pleadings and
papers filed in this action, and on such other arguments and evidence as may
properly come before this Court.
Date: June 27, 2014
HANDAL & ASSOCIATES
By: /s/Pamela C. Chalk
Pamela C. Chalk
Attorneys for Plaintiff/Counter-Defendant
e.Digital Corporation
14 Recommendations
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